Inheritance for Adopted Child (A Philosophical Study of a Maximum of One-Third)

Abstract

According to Islamic law, one of the ways to obtain inheritance is grant. According to Islamic law, grant is inseparable from the limitation of the inheritance being granted. However, legal dualism often occurs where there is contradiction between law in theory and law in practice. In fact, many people give/grant all their inheritance to their adopted children in front of a notary. This, however, becomes a problem since adopted children are seen as non family members who are not heir, thus they are considered as non family members who are allowed to receive grant of all inheritance. The objective of this paper is to find out about the purpose of one-third limitation in grant. This was a library research using a qualitative approach, a secondary data source, and a descriptive analysis. This paper concludes that the concept of grants in the hadith as well as in the compilation of Islamic law is inseparable from the limitation of inheritance that is allowed to be granted. Such limitation aims to prioritize heirs compared to non family members (adopted children) in receiving inheritance. This is because leaving the heirs in wealth is better than leaving the heirs in poverty.